DECISION No 89 of 20 March 1973 concerning the interpretation of Article 16 (1) and (2) of Council Regulation (EEC) No 1408/71 relating to persons employed by diplomatic missions and consular posts

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is given the responsibility for dealing with all questions of interpretation arising from this Regulation and from Regulation (EEC) No 574/72;

Whereas the words'persons employed by'used in Article 16 (1) and (2) of Regulation (EEC) No 1408/71 could give rise to various interpretations, thus making it necessary to give them a uniform scope;

Whereas Article 14 (1) of Regulation No 3 covered employed persons or persons treated as such, regardless of nationality, employed in diplomatic or consular posts or in the personal service of officials in such posts;

Whereas a restrictive interpretation of Article 16 of Regulation (EEC) No 1408/71 would result in the abolition of the right of option previously enjoyed by employed persons and persons treated as such employed in diplomatic missions and consular posts who are nationals of the accrediting Member State or of the sending Member State;

Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,

HAS DECIDED AS FOLLOWS:

1. The provisions of Article 16 (1) and (2) of Regulation (EEC) No 1408/71 shall apply to all workers, other than civil servants and persons treated as such mentioned in Article 2 (3) of the said Regulation, who are employed in diplomatic missions and consular posts or are in the service of officials in such missions and posts.

2. This Decision shall be published in the Official Journal of the European Communities. It shall be applicable in the six original Member States from 1 October 1972 and, in accordance with the Treaty of Accession, from 1 April 1973 in the three new Member States.

The Chairman of the Administrative Commission

J. DONIS